Thread by @barandbench

A three judge vacation bench of the Supreme Court begins hearing a plea challenging the @theicai notification regarding upcoming #CAexams as arbitrary and discriminatory in view of #COVID1. The top court had earlier asked ICAI to respond by today #SupremeCourt

Adv Alakh Alok Srivastava- At the outset I want to apologise for two incorrect information. The total students appearing will be 3.46 lakh students this year. I have also mentioned about increasing exam centres, but the ICAI reply ignores it.

Senior Adv Srinivasan: Concerns of the petitioner is unfounded. We are bound by the Chartered Accountants Act.

Adv Srivastava: There are students who ads in containment zones and there are students who are in places like West Bengal where lockdown continues. So they should get option to opt out. I am not able to opt out of free will.

SC: then appear in November

Adv Srivastava: We will lag behind then. There are also limited number if exam centres. Even ICAI says only 232 Centres are there. Many students in Bihar have opted for the 15 day long exam in Kolkata which is under lock down.

SC: There can be a deadline for this. The authority can make arrangements. If exam centres is an issue, we can pass order accordingly.

Adv Srivastava: There are some states like Himachal Pradesh where only one centre is there. How will they travel?

SC: We can say that CBSE guidelines will apply here. Don't expect institute to send buses to each and every student.

There are only three concerns... One is increasing exam centres. Next what about students lockdown states and lastly, how will CBSE guidelines apply here

SC: Centres are notified on the basis of requirement. Why to have centres in each district if there are no students are there.

Senior Adv Srinivasan for ICAI: There are 500 exam centres across India. All of them are santised and completely equipped. It's not possible to change

SC: There can be a situation where a student opt for a centre but that becomes a containment zone. Can the student opt for last minute change of centre?

The change of centre should not be be freezed but should be open for all till the end. Till the last week.

Senior Adv Srinivsan: Yeah I have instructions. They can opt for different centres.

SC: Till the last week?

Srinivasan: That I need to check

SC: You need to be flexible. You can not be rigid

Srinivasan: If a centre falls under a containment zone, the students will be taken to a nearby centre which not a containment zone. If that is not available, then there exam can be held in November.

SC: You have to make a provision then that if a student passes a exam in November, you have to say that it means they have passed the exam in July

Srinivasan: But that will have no impact. No disaffection. They should just practically be able to go ahead with the course

Srinivasan: We have only put in a deadline to check who wants to appear now. Out of 3,46,000 only 52,000 have opted out. We are willing to extend the date of opting out by another week.

SC: The option to opt out need to be there till the last week of the exam.

Srinivasan: But we need to know how many are appearing to make arrangements for sanitizer, masks, etc. In case a student opts out, then they will be adjusted in November.

SC: Those who have not opted out, all those candidates can take the exam, but those who cannot appear should be considered as an opt out student and be adjusted in November

SC: We will say that candidates who don't appear in July 29 exam will be treated as Opt out students

Senior Adv Srinivasan: But please say only due to COVID19 difficulties

SC: You cannot have any deadline. Situation is changing everyday. Today the student may be ready but not tomorrow. You cannot force him to appear for the exam. This will be a risk for others

Senior Adv Srinivasan: But we will accommodate students who raise covid issues

SC: but what if the students feels unwell only in the last two papers. Our orders will ensure no case to case basis decision

J Khanna: But you want a reasonable explanation. What we are saying is that you treat absent students as opt out ones for July 29/exam

Secretary of ICAI, Rakesh Sehgal: regarding change of centre, we need to send question paper, answer books etc.

SC: If the question of opting out is open till the last paper, then that corner is taken care of

Srinivasan: But it should be subjected to an email by the student stating that it is due to COVID19.

SC: You issue those guidelines

SC: Can you issue a notification staging that a student appears in papers and opts out of last, what will be opt out of all or appeared in some and opt out for remaining.

MHA had issued guidelines for conducting exams. You need to adopt all those protocols issued by @HMOIndia

Srivivasan : You mean that deadline to extend opt out option can be submitted till July 7.

Srinivasan: However, if a student informs us during or just before exam of a COVID19 difficulty, then we will postpone it to September. We cannot separate the set of 4 papers, and if you miss one, then you again appear for the full set

J Khanna: You cannot do this and make it difficult for students. There are two groups in the set. If there is a sudden opt out, then you need to separate the groups.

Srinivasan: These are semester wise papers.

J Khanwilkar: if a students appears for two semesters.. Then what if they opt out of one paper.. Then you need to separate it

(Senior Adv Srinivasan seeks on the spot instruction for ICAI official)

Srinivasan: You are correct. If there are two groups, each set has 4 papers. So total 8. So if they appear for 6 and can't for the rest two, then the first 4 will be treated as appeared. The remaining 4 will have to be again appeared for in November

Srinivasan: Please keep it for Thursday, we can submit the fresh notification.

SC: You have to also look at the protocol

Petitioner: But exam in November should be deemed to have appeared in July. Else they will lag behind

SC: There is no question of seniority here. They are not going to become High Court judges!

Order: Adv Srinivasan will seek instruction and prepare a fresh notification along with clarifications. Matter posted for July 2

[CA Exams] "Be flexible, you cannot be rigid": Supreme Court tells ICAI to consider allowing students to opt out even during exam cycle [Read full story] #caexams #ICAI @theicai #SupremeCourt #COVID19India

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